1. 1 Tuesday, 31st August, 1999

    2 [Status Conference]

    3 [Open session]

    4 --- Upon commencing at 5.35 p.m.

    5 JUDGE JORDA: But before we adjourn, I'm

    6 saying this for the transcript, this is now a Status

    7 Conference, and we can conclude in respect to

    8 methodology. It's being understood, of course, that

    9 you will have all the time necessary to inform your

    10 client of all these conversations.

    11 Let me point out that a Trial Chamber of this

    12 Tribunal has the witness statements given to it, and

    13 frequently the Presiding Judge, at least factually,

    14 brings in a certain number of questions which it asks

    15 the witness. I've never done this because I've never

    16 wanted to force the translation service to do more work

    17 than it already has to do, that is, to ask all

    18 statements be translated into French. But this is a

    19 procedure which is covered by the Rules, and I would

    20 also be entitled to ask questions myself. It's been

    21 understood that after that, the Prosecutor could ask

    22 any additional questions he wants. I simply wanted to

    23 point this out to you.

    24 Before we take any decision, I would like to

    25 consult with my colleagues.

  2. 1 [Trial Chamber confers]

    2 JUDGE JORDA: [Interpretation] We will hope

    3 that Mr. Jelisic is feeling better.

    4 Here are at least the temporary provisional

    5 conclusions that the Judges have reached:

    6 The Judges do not wish and do not find in the

    7 text material for imposing any method on the Defence

    8 should the Defence not accept that method.

    9 Nonetheless, the Judges consider that the parties are

    10 free to present their cases as they see fit with

    11 respect for the full rights of the accused and his

    12 Defence attorneys to conduct a proper

    13 cross-examination.

    14 Having said this, we suggest that the summary

    15 which was drafted by the Office of the Prosecutor, and

    16 only by that office, should be presented to the

    17 witness, that the witness should identify it so that

    18 the exhibit be admitted as an exhibit. I'm not

    19 speaking about probative value. I'm simply speaking

    20 about admission of the exhibit. The Prosecutor will

    21 ask questions in the form of observations drawn from

    22 the summary. Fourthly, the Defence will have the

    23 required time to conduct its cross-examination.

    24 The Defence will, however, before the

    25 cross-examination, be required to say how long is going

  3. 1 to be required for that cross-examination to be

    2 conducted, as covered by a flexible interpretation of

    3 Rule 90(H), but which will be interpreted, as I say,

    4 with flexibility, as we have always done, and so that

    5 the Defence does not feel itself constrained to work

    6 within a short time should the examination in chief

    7 have been very short.

    8 That's how we are going to proceed, which

    9 will impose nothing on the Defence.

    10 We have noted that the Defence does not agree

    11 with the way the proceedings are being conducted and

    12 therefore will be able to do as it sees fit in its

    13 cross-examination, the way it seems appropriate for its

    14 strategy.

    15 Mr. Prosecutor, could you operate that way

    16 starting tomorrow, if we can resume tomorrow?

    17 MR. NICE: Certainly, I will do that.

    18 While I'm on my feet, would it be convenient

    19 to mention one other administrative matter?

    20 The Chamber will recall that there are five

    21 witnesses on the list provided to the Defence different

    22 from the names on an earlier list. I have to know by,

    23 I think, Thursday whether they are to come next week,

    24 because although they are willing and able to come,

    25 they are still in Bosnia.

  4. 1 I think it will help the Chamber if it has

    2 some knowledge in advance of what those witnesses may

    3 say, and it so happens that there are summaries of

    4 those witnesses of a similar kind, but much shorter

    5 because the witnesses are shorter in the material that

    6 they can give. I think each summary is two sides.

    7 I'll provide those to my learned friends this evening,

    8 and if it would help the Chamber, I could provide them

    9 to your legal officers in the morning in case you had

    10 an opportunity to pre-read them before tomorrow

    11 afternoon's session, and it would help me if I can, at

    12 some stage tomorrow afternoon, argue whether or raise

    13 with you whether those witnesses should be called to

    14 give evidence.

    15 I can simply say that for various reasons,

    16 not least that other witnesses who had been available

    17 to come are now not available, or one in particular,

    18 that it's necessary and desirable to call further

    19 evidence. In any event, the way I'm presenting the

    20 case, in my judgement, makes it desirable for a little

    21 more evidence on one or two topics to be available, and

    22 that judgement has been substantially reinforced by the

    23 very clear and helpful way Mr. Greaves explained today

    24 that notwithstanding everything that's in the interview

    25 by way of admissions, that's interview of the

  5. 1 defendant, there is no acceptance of any killing beyond

    2 those which pleas of guilty have been tendered. That

    3 may not have been forecast at an earlier stage when

    4 pleas of guilty for murder were taken and when my

    5 colleagues, then and present, made the decision about

    6 witnesses, but now it's known. Therefore, that's

    7 another reason. But I'll flush that out tomorrow.

    8 If I can make available to you, either

    9 tonight or tomorrow morning, the summaries of what

    10 those witnesses can say, as I will to my learned

    11 friends, I hope that will be helpful.

    12 Whether we argue it or discuss it at 2.00 or

    13 at some other stage tomorrow afternoon is a matter, of

    14 course, for the Chamber, subject to the observations

    15 that my friend may make. If, by chance, the defendant

    16 isn't here, I hope that it may be possible at least to

    17 discuss those witnesses in his absence because of the

    18 travel arrangements that I've already referred to.

    19 MR. GREAVES: Of course, the defendant is not

    20 present at the moment, and I don't know what condition

    21 he's in.

    22 I hope that if it were to turn out that he

    23 was sufficiently unwell to be able to attend tomorrow,

    24 that an early decision as to whether or not there would

    25 be a sitting at all could be taken. If he's available,

  6. 1 then of course we can discuss the matters that my

    2 learned friend has raised. But in the absence of the

    3 defendant, I wouldn't want to commit myself any further

    4 than that.

    5 JUDGE JORDA: [Interpretation] Very well. I

    6 suggest that we adjourn and resume tomorrow at 2.00.

    7 --- Whereupon the hearing adjourned at

    8 5.43 p.m. sine die